A Dialogue on Handguns and Assault Weapons
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Reducing Violent Crime: A Dialogue on Handguns and Assault Weapons Engagement Paper Context The Government of Canada has committed to get handguns and assault rifles off our streets. In support of this, the Minister of Border Security and Organized Crime Reduction was charged with developing additional policy, regulations or legislation that could reduce crime involving the use of firearms and keep Canadians safe. In particular, Minister Blair was tasked with leading the examination of a ban on handguns and assault weapons, while not impeding the lawful use of firearms by Canadians. The Prime Minister has publicly committed to examining all options relating to a handgun ban. Background In Canada, aspects of the firearms regime are regulated by different levels of government. The federal, provincial, and municipal governments all have responsibilities in ensuring the safety of Canadians with respect to firearms. Page 1 Public Safety Canada October 2018
Types of firearms Laws and restrictions
relating to handguns
Firearms in Canada are classified by the Criminal Code as falling into The below information is general in
nature and should not be
one of three classes: considered guidance relating to laws
and regulations. For specifics, please
1. Non-restricted (e.g., most ordinary hunting rifles and shotguns – consult the Canadian Firearms
Program
typically known as “long guns”),
2. Restricted (e.g., most handguns and certain semi-automatic
Ownership. Certain types of
firearms), and handguns – such as those small
enough to be easily concealed – are
3. Prohibited (e.g., small and prescribed handguns and fully
prohibited in Canada, meaning they
automatic firearms). can only be owned in exceptional
circumstances.
Individuals may own firearms in the non-restricted and restricted
To legally own a restricted or
classes if they have the appropriate licence (which, in turn, requires prohibited handgun, individuals must
successful completion of the appropriate safety course, background hold a Possession and Acquisition
Licence with restricted or prohibited
verifications, and other components). Individuals may only own privileges. Obtaining a licence
prohibited firearms in exceptional circumstances outlined in the requires the successful completion of
the appropriate safety course, a
Firearms Act. background check, and other
components.
The vast majority of owners of handguns and of other firearms in
Registration. All restricted and
Canada lawfully abide by requirements, and most gun crimes are not prohibited handguns in Canada are
required to be registered with the
committed with legally-owned firearms. Registrar of Firearms. This is distinct
from non-restricted firearms; there is
Handguns fall into the restricted class or into the prohibited class when, no longer a national registry of non-
restricted firearms in Canada.
for example, they are small and easily concealable; therefore, it is
currently permissible for Canadians with the appropriate licences to Storing, transporting and carrying
handguns. Generally, handguns can
possess certain handguns. only be stored in an approved
location and according to
Recent estimates indicate that there are about 900,000 handguns regulations – unloaded, locked, in a
secure case / gun safe, and
registered to individuals in Canada. In most cases, individuals own separate from ammunition. They can
also only be transported to those
handguns either in the context of sport shooting activities or because
locations for which the owner has an
those handguns form a part of a collection. Authorization to Transport, and
regulations outline how they must be
transported.
“Assault weapon” is not a legally defined term in Canada’s firearms
legislation. Various international jurisdictions use different terms and In practice, these restrictions mean
individuals cannot carry a handgun
definitions, often based on physical characteristics. For illustrative on their person or bring it to a non-
purposes, the US Department of Justice has used the following authorized location. It is only under
exceptional circumstances, such as
description: “in general, assault weapons are semiautomatic firearms in connection with an individual’s
lawful occupation, that individuals
may be granted authorization to
carry a handgun on their person.
Page 2with a large magazine 1 of ammunition that were designed and configured for rapid fire.” 2 Because assault weapon is not a legally-defined term, providing a count of how many are held in Canada is not possible. However, there are about 100,000 legally-owned restricted and prohibited non- handgun firearms – usually rifles and shotguns – registered to individuals. Some of these could have features consistent with what is described as an assault weapon. The number of non-restricted firearms with such features is not known. Individuals own these in the context of sport shooting activities, because they form a part of a collection, or for hunting. In Canada, there are also limits on the number of cartridges 3 a firearm magazine can hold – ten for semi-automatic handguns and five for other centre-fire 4 semi-automatic firearms. Magazines of a larger capacity are prohibited. 1 A magazine is a device or container from which ammunition is fed into the firing chamber of a firearm. 2US Department of Justice, Public Safety and Recreational Firearms Use Protection Act (known as the Federal Assault Weapon Ban), enacted in 1994 and expired in 2004. 3 A cartridge contains a projectile designed to be discharged from a firearm (for example, a shot shell). 4 A centre-fire cartridge is one where the primer is located in the centre of the cartridge case head. Page 3
Gun crime Gun violence is a serious concern. Data from Statistics Canada show that firearm-related violent crime has increased in recent years, despite the fact that the rate of violent crime, generally, has modestly decreased. In 2016, more than half (60%) of firearm-related violent crimes involved handguns. Statistics Canada has also concluded that much of the increase in firearm-related violent crime in recent years has been driven by increases in violent crime where a handgun was present. Patterns in this area can vary geographically. For example, handguns represent more than double the proportion of firearms seized by law enforcement in Montreal and Toronto compared to elsewhere in Canada. Just as there have been overall increases in gun violence, there have also been increases in the number of victims. About two-thirds of victims of gun violence are male; however, according to Statistics Canada, about 85% of the 694 victims of police-reported intimate partner violence incidents involving a firearm in 2016 were women. Also, the rate of firearm-related violent crime in Canada is nearly twice as high in the north as it is in the south, and Indigenous persons are the victims of homicides involving firearms at a much higher rate (13.5%) than would be expected given their representation within the Canadian population. Illicit firearms Many handguns and other firearms used in gun violence are illicit and entered the market via theft from law-abiding individuals or businesses, straw purchasing (i.e., the legal purchase of a handgun or other firearm by a licenced individual who then diverts the firearm to the illicit market) or smuggling. Given these handguns and other firearms are not in the legal market and their number and characteristics are therefore hidden, comprehensive data on the relative proportion from each source is not available. Moreover, even when these are seized by law enforcement, it is not always possible to determine their original source. However, recently, a number of law enforcement agencies have indicated that they perceive that the relative proportion of illicit Page 4
firearms from domestic sources, as opposed to from smuggling, has Storage and transportation
been growing. regulations
The below information is general in
Any ban of handguns or assault weapons would primarily affect legal nature and should not be
firearms owners, while the illicit market would be indirectly affected as considered guidance relating to laws
and regulations. For specifics, please
there would be fewer available to potentially divert. consult the Canadian Firearms
Program.
Theft Regulations for individuals storing
handguns and other firearms include
requiring that these be unloaded,
Thefts from legal owners represent a growing source of illegally-
stored separately from ammunition
acquired domestic handguns and other firearms. Statistics Canada (with some exceptions), and that
restricted and prohibited handguns
reports a 70% increase in break and enters to steal a firearm between and other firearms be stored in a
2010 and 2017 (from 673 to 1,175 incidents), with greater increases in container, receptacle or room that is
kept securely locked and cannot
the Western provinces. Information is not available regarding whether readily be broken into, or stored in a
thefts were from individuals or businesses. locked vault, safe, or room
specifically intended for this purpose.
There may be cases in which thefts are related to improper storage or Separate regulations exist for the
storage of handguns and other
transportation of firearms. Exact data in this area is not available.
firearms by businesses. These include
requiring that firearms be unloaded,
stored in a locked cabinet, vault,
Straw purchasing safe, or location, or in an area only
accessible to staff, that there be an
electronic burglar alarm and that all
Individuals involved in straw purchasing may be: individuals who points of entry, including windows,
can be securely locked. When
purchase handguns or other firearms legally for illegal resale to anyone businesses are displaying handguns
willing to pay, or individuals who knowingly purchase on behalf of and other firearms, additional
requirements are in place, such as
others who do not have a licence. There are examples of significant having the firearm affixed to a wall
or similar fixture via chain or cable.
volumes of firearms being involved in straw purchase schemes, with, for
instance, 200 firearms seized from a single straw purchaser in 2014. There are also legislative
requirements and regulations relating
to transportation which contribute to
public safety and reduced
Firearms smuggling opportunities for theft. These include
obligations that handguns and other
firearms be unloaded and
Though the proportion of illicit handguns and other firearms in Canada transported in a securely locked
that are domestically sourced is reported to be increasing, smuggling – container and/or compartment
when the vehicle is unattended. The
typically from the US – continues to be an issue in specific regions of specific requirements vary
depending on the class of firearm.
Canada (e.g. Southern Ontario and the Pacific Coast). The Canada
Transporting handguns – as well as
Border Services Agency plays an active role in preventing them from other restricted or prohibited firearms
– (e.g., to a shooting range) requires
being introduced illegally to Canada at the border, and, in 2017-18,
authorization.
seized 751 handguns and other firearms.
Page 5International experience Jurisdictions differ in their approaches to controlling handguns and assault weapons. For example, Australia and the UK have both enacted bans that limit or prohibit handguns. Federally, the US enacted a federal ban on assault weapons, but this ban expired in 2004 and no federal legislation to renew or replace the ban has since been enacted. In all cases the data does not conclusively demonstrate that these handgun or assault weapon bans have led to reductions in gun violence, though some studies drew other conclusions. The variation in study results reflects the fact that patterns of gun violence are influenced by many factors and the impact cannot be attributed to one factor. Some other jurisdictions have focused on approaches other than those discussed above – including, amnesties and buy-backs allowing those in possession of illicit handguns or other firearms to turn them in without criminal liability, and sometimes for compensation; stricter controls on the sale and/or storage of ammunition; handgun and other firearm markings regimes; and, educational campaigns. Other strategies Other strategies for reducing gun violence that have been identified in Canada and other countries include requirements for flagging of large and unusual purchases – that is, implementing systems that would facilitate the identification of purchase patterns that may be indicative of straw purchasing – and reporting obligations relating to mental health of those who own firearms. In the latter case, it is important to recognize that there is a large body of evidence that in a general sense, mental health diagnoses are not associated with increased risk of violence. It is only in very few cases that mental health challenges reflect greater likelihood of harm to self or to others. Limitations on advertising – especially as relates to assault weapons – have also been suggested as a possible tool in limiting interest. This area is challenging given that much of the advertising to which Canadians are exposed comes from elsewhere via the Internet. In Canada, the Canadian Code of Advertising Standards (self-regulatory guidelines to which advertisers generally adhere) indicates that advertisements shall not “appear in a realistic manner to exploit, condone, or incite violence.” Page 6
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